약정금 등
1. Of the judgment of the court of first instance, the part regarding Defendant B, C, D, and E shall be revoked.
2. Defendant B, C, and D are the same.
1. Basic facts [Investment Contract] The Plaintiff and the Defendant Company enter into a contract with respect to the Plaintiff’s cash investment in relation to the construction project of the G collective housing at the subordinate city promoted by the Defendant Company as follows:
Article 1 (Investment Obligations of the Plaintiff) The Plaintiff shall invest in the Defendant Company the amount of KRW 500 million on the following terms:
(1) 100 million won shall be invested in cash until October 12, 2007.
(2) 200 million won shall be invested in cash until October 21, 2007.
(3) 200 million won shall be invested in cash until November 2, 2007.
Article 2 (Duties of Defendant Company) (1) When the Plaintiff completes its investment obligations under Article 1(1), 2, and 1(3) (the same shall apply to paragraphs 2, 3, and 4 below), the Defendant Company’s shares in the Defendant Company are transferred to the Plaintiff through a transfer agreement.
(2) The Defendant Company’s representative director’s 30% of the shares held in H business is offered to the Plaintiff as a security interest.
(3) The Defendant Company shall purchase one of the main land of the business with respect to the investment amount and establish a collateral security in the name of the Plaintiff.
(4) The Defendant Company shall distribute the profit distribution of the shares transferred to the Plaintiff to the Plaintiff in accordance with the equity ratio whenever the profit distribution of the business site is made.
Article 3 (Audit of Plaintiff’s Business) The Defendant Company shall, at the request of the Plaintiff, present at any time in writing the matters concerning accounting and the balance sheet on the business and transactions, and report on the overall business, and at the time of completion of Article 1, register the Plaintiff as a director of the Defendant Company.
On October 12, 2007, the Plaintiff drafted an investment contract (Evidence A 1-1) with Defendant B Co., Ltd. (hereinafter “Defendant Company”) as follows:
B. In accordance with the above investment contract, the Plaintiff remitted total of KRW 100 million on October 12, 2007, KRW 100 million on October 22, 2007, KRW 100 million on October 23, 2007, KRW 100 million on October 23, 2007, and KRW 500 million on November 2, 2007 to the Defendant Company.
C. The Plaintiff and the Defendant Company shall have the content of the said investment contract on November 6, 2007.